Dhanraj S/O Suresh Kove v. the State of Maharashtra Thr Pso, Ps Gadchiroli, Tah and Dist. Gadchiroli
Case brief
What is this about?
Regular bail; POCSO Act 2012 Sections 4 and 6; BNS 2023 Sections 137(2) kidnapping, 64(2)(i) rape, 115(2); minor victim aged 16 years 5 months; applicant aged 23; marriage between accused and victim; cohabitation of about 8 months; single occasion of sexual intercourse; ill-treatment under influence of liquor; investigation complete; charge-sheet filed; Crime No.381/2025, Police Station Gadchiroli, District Gadchiroli; P.R. bond Rs.25,000 with one solvent surety; bail conditions (no inducement/tampering, address intimation, trial attendance); prima facie observations restricted to bail application; counsel's plea that Section 85 BNS (equivalent to Section 498-A IPC) alone attracted; consent immaterial due to minority (prosecution contention).
What did the court decide?
Applicant/accused Dhanraj S/o Suresh Kove to be released on regular bail in Crime No.381/2025 (Police Station Gadchiroli, District Gadchiroli) on furnishing a P.R. bond of Rs.25,000/- with one solvent surety in the like amount, subject to conditions: no inducement, threat or promise to any person acquainted with the facts and no tampering with evidence; providing residential address and cell number to the concerned police station and not changing residence without prior intimation to the Investigating Agency; attending every date of trial (failure on two consecutive dates or breach entitles the State to seek cancellation); fees of appointed counsel to be quantified and paid as per rules; pending miscellaneous applications disposed of.